United States v. Briggs
Supreme Court of the United States
This case came up from the Circuit Court of the United States for the District of Michigan, on a certificate of division in opinion.
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This case came up from the Circuit Court of the United States for the District of Michigan, on a certificate of division in opinion. The circumstances of the case are thus stated by the Chief Justice, as introcluctory to the opinion of the court; This case comes before the court upon a certificate of. division from the Circuit Court of‘the United States for the District of Michigan. . The defendant was indicted under the act of Congress of March .2, 1831, ch. 66 (4 Statutes at Large, 472), for unlawfully cutting timber upon certain • lands of the United States, called the Wyan-dotte reserve.…
1Opinion of the Court
Mr. Chief Justice TANEY,
after stating the case as above, proceeded to deliver-the opinion of the court.
The act of Congress of April 29, 1802, ch. 31, § 6, provides, that whenever a question shall occur before a Circuit Court, upon which the opinions of the judges ■ shall be opposed, the point on which the disagreement shall happen, upon the request - of either party,, shall be' stated, and certified to this court, to be finally decided. It is this act alone that gives jurisdiction to the Supreme Court in cases of division of opinion in the Circuit Court,, and the jurisdiction thus given must…
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